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Real Property & Development Review

Monthly Archives: February 2007

Late Tender Rule Applies in Contribution Action

By John Parnass on Posted in Construction

Under the late tender rule in Washington, an insurance company must prove it was substantially prejudiced by late notice before its obligations to the insured are excused.  This construction defect case applies the late tender rule to a dispute between carriers.  The case arose from a condo defect case where the insured had three carriers. … Continue Reading

Oregon Court: Prevailing Wages Don’t Apply to “Private” Component of Public/Private Partnership

By John Parnass on Posted in Construction

How far do the prevailing wage rules go when a government entity teams up with a private developer to build a public/private project?  It’s a question on the minds of many developers.  Under this Oregon ruling, the prevailing wage rules stop where the public part of the money stops — here, the construction of a hotel… Continue Reading

Proposed Bill Increases Surety Bond Amounts

By John Parnass on Posted in Construction

The paltry $12,000 bond required under the current Contractor Registration Act would be increased to $75,000 for contractors with gross revenue of more than $7.5 million and to $50,000 for contractors with gross revenue of $2 million or more under this new proposed Senate bill.

New Legislation Seeks to Revamp Legal Protections for Residential Owners

By John Parnass on Posted in Construction

Two bills recently introduced in Olympia would, if enacted, radically change the legal landscape in Washington for claims made against residential builders & architects arising from alleged defects.  The two bills are as follows: Tort Claims for Defective Work.  This Senate bill would authorize a homeowner to bring a new cause of action in tort… Continue Reading

Unregistered Landscape Contractor Denied Compensation

By John Parnass on Posted in Construction

Under the Contractor Registration Act (CRA), a builder cannot sue a client to recover compensation if the builder is not properly registered.  RCW 18.27.080.  In this case, an unpaid landscaper seeking to sue its client argued it wasn’t a contractor as the term is used in the CRA.  The court said the landscaper was a contractor… Continue Reading

Legislature Takes Up Proposed Bidder Responsibility Act

By John Parnass on Posted in Construction

The Legislature is considering a new bidder responsibility statute which, if passed in its current form, would: Impose four mandatory "responsibility criteria" on contractors who seek to bid on competitively bid public works.   Only one of the four criteria — that bidder not have been disqualified under RCW 39.06 [ failure to maintain proper license… Continue Reading

Viaduct

By John Parnass on Posted in Construction

Why is the Viaduct tunnel option looking more and more like the Seattle Monorail project, whose death knell was unrealistic funding wrapped in shiny idealism?  This story is disturbing.